State v. Lassor
| Decision Date | 09 March 1989 |
| Docket Number | No. 87-417-C,87-417-C |
| Citation | 555 A.2d 339 |
| Parties | STATE v. Raymond LASSOR. A. |
| Court | Rhode Island Supreme Court |
This case comes before us on the defendant's appeal from his conviction of three counts of murder in the first degree, one count of attempted murder, and one count of first-degree sexual assault after trial by jury in the Superior Court. We affirm. The facts of the case insofar as pertinent to this appeal are as follows.
The defendant, Raymond Lassor, was charged in a single five-count indictment with the first-degree murders of Lori Carlucci, Wanda Adams, and Delores Neuser. He was also charged with first-degree sexual assault upon and attempted murder of Carrie-Ann Talbot. The circumstances prompting the indictment took place within a period of three months from June 1984 to September 1984. Three women were brutally murdered in the downtown area of the city of Providence. The three murders were committed within a radius of one-half mile from one another. Lori Carlucci was murdered on June 26, Wanda Sue Adams was murdered on August 16, and Delores Neuser was murdered on August 30. Although the police suspected that the same person had committed all three crimes, no identifiable person came to their attention as the assailant.
On September 17, 1984, defendant and Talbot met at the Sabin Street bus station in downtown Providence. They had been previously acquainted. From the bus station they walked across the street to the Journal-Bulletin garage where they sat in a Journal-Bulletin truck and "smoked a joint". Their next stop was a liquor store, also located in downtown Providence, where defendant bought a six-pack of beer and a package of cigarettes. They then went to another liquor store to buy a bottle of peppermint Schnapps. Talbot bought something to eat at the McDonald's on Fountain Street before she and defendant proceeded by bus to Roger Williams Park in Providence. Both entered the park where they finally rested between the baseball field and the tennis courts. Both smoked another marijuana cigarette and consumed some beer. Talbot testified that she drank one beer and that defendant drank "a few". Sometime thereafter, defendant made several sexual advances toward Talbot, which were rejected, and as a result defendant flung Talbot to the ground and rendered her momentarily unconscious. When Talbot regained consciousness, she found defendant sitting on her chest, choking her with his hands, and again she fainted. Talbot testified that when she again regained consciousness, defendant kicked her in the forehead and knocked her out. When Talbot regained consciousness for the third time, she was alone. She testified that one of her pants legs was down, one boot was off, her underpants were gone, her shirt was pulled up, and her bra was around her neck. Talbot also testified that she felt a sharp pain in her abdomen. This pain was caused by a stick that had been inserted into her vagina. She removed the stick, and by stumbling and crawling, made her way to a main road.
Talbot was later treated at St. Joseph Hospital where it was discovered that she was bleeding internally as a result of the traumatic severance of a portion of her liver. In addition, small twigs, pebbles, and grass were found in her vagina.
The following day, September 18, 1984, the Providence police arrested defendant for first-degree sexual assault. At the time of arrest defendant was advised of his Miranda rights by Detective Steven Cross of the Providence police department and then was brought to the Providence police station. The defendant was taken to an interrogation room where he, Detective Cross, and Sergeant William Pedchenko remained throughout the afternoon and into the evening. When they were seated in the interviewing room, Detective Cross showed defendant a copy of the criminal warrant and the criminal complaint. Detective Cross then showed defendant a Miranda rights form on which defendant wrote his name. Then defendant read the portion of the form that stated, "having been informed I am a suspect in the crime of," and wrote in the blank space, "first-degree sexual assault". At the direction of Detective Cross defendant then read aloud the remaining portions of the form, which set forth the following statement:
"[V]oluntarily, without threats or promises on the part of the police, [I] make the following statement to members of the Providence police department after having been advised that:
1. I do not have to give a statement.
2. I have a right to remain silent.
3. Anything I say can and will be used against me in a court of law.
4. I have the right to the presence of an attorney prior to and during any questioning by the police.
5. I have a right to the presence of an attorney during a line-up or confrontation of witnesses, if any line-up or such confrontation takes place.
6. If I cannot afford an attorney, one will be appointed for me prior to any questioning if I so desire.
I further admit and agree that:
7. After having been informed of my constitutional rights, I do understand these rights; and I agree to give a statement at this time.
8. I do not want an attorney called or appointed for me at this time."
After defendant read each line individually, Detective Cross asked him if he understood the meaning of each sentence. He answered in the affirmative and then initialed each line. Detective Cross testified that he specifically asked defendant if he wanted to speak to an attorney before being questioned or to make a phone call. Again defendant stated that he understood each of these rights and that he had nobody to whom he wished to talk. The defendant then proceeded to give the police a confession. He admitted the sexual assault upon Talbot but had no memory of inserting a stick into her vagina or kicking her in the face. The defendant also confessed that he had struck Talbot in the face with his hand a number of times and that he had grabbed her by the neck with both hands just prior to the sexual assault. The defendant's oral confession was typed by Detective Cross. At this time a break of about twenty minutes was taken for lunch. After lunch defendant continued with his statement, and Detective Cross periodically asked him if he wanted to take a break. The defendant insisted on continuing. When his statement was complete, defendant read and signed each page, making only two minor corrections. Detective Cross and Sergeant Pedchenko also signed all six pages. Lieutenant Paul LeBoeuf certified that defendant had sworn under oath to the truth of his statement. Once again a short break was taken.
Upon resuming, Detective Cross informed defendant that he was a suspect in the murder of Lori Carlucci and once again advised him of his rights. The admonitions were communicated to defendant by means of a procedure identical to that described above. The defendant read the form aloud and filled in any necessary information. The defendant, Detective Cross, and Sergeant Pedchenko signed the form.
Soon thereafter Sergeant Pedchenko showed defendant two photographs. One displayed the dead body of Carlucci at the scene where her body was found, and the second showed only the area where her body was found. Detective Cross testified that after defendant stared at the pictures for a moment, he was asked if he had killed Carlucci, to which defendant replied, "I killed all of them". Detective Cross then took defendant's statement regarding the Carlucci murder, using the same procedure utilized in the inquiry into the sexual assault and attempted murder of Talbot. The defendant then confessed to striking Carlucci a number of times, strangling her, dragging her out of the car, and pulling her pants off and underpants down. The defendant also confessed to inserting a plywood stick about two feet long into Carlucci's rectum which caused her to scream. He later qualified this statement by stating that it was "not a real scream but a moan".
After a fifteen minute break Detective Cross informed defendant of his Miranda rights before questioning him about the death of Wanda Adams. Again the same procedure regarding the Miranda admonitions and the confession-statement forms was followed by Detective Cross. Detective Cross described defendant at this stage in the interrogation as "calm, alert, cooperative". The defendant disclosed that he met Adams at a bus stop in downtown Providence near the train station. The defendant began a conversation with Adams, and they agreed to take a walk to an area near the train station to "smoke a joint". There they sat on top of a wall and dangled their feet over the side above the Providence River. After smoking the marijuana, defendant kissed Adams for about "twenty minutes" and then attempted, and failed at, several sexual advances. When Adams tried to leave, defendant grabbed her, managed to seize her in a headlock, and began to strangle her. At this point Adams was lying down, alive, but not moving. The defendant pulled her pants down and pulled her blouse and bra up to her neck. The defendant told police that at this point when he stood up to fix his shirt, Adams moved in some way that caused her to fall off the wall and into the water. She was later found dead. The medical examiner testified that she had died of strangulation prior to immersion.
After a short break, Detective Cross presented defendant with another Miranda form. He then informed defendant that this next inquiry would relate to the Delores Neuser homicide. The defendant executed the form according to the identical procedure used in the preceding inquiries, and the same procedure was also followed in taking defendant's confession regarding Neuser. The defendant stated that he visited several bars in downtown Providence and had been drinking heavily from early...
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